Nigeria Constitution: Constitution of the Federal Republic of Nigeria 1999

As a citizen or resident of Nigeria, you may wonder about the foundational document that shapes the nation’s governance and legal framework. The Constitution of the Federal Republic of Nigeria 1999 stands as the supreme law of the land, outlining the structure of government, fundamental rights, and responsibilities of both citizens and leaders.

Understanding this pivotal document is crucial for anyone seeking to comprehend Nigeria’s political landscape and legal system. In this article, you will explore the key aspects of the 1999 Constitution, its historical context, and its ongoing impact on Nigerian society. Delve into the intricacies of this cornerstone of Nigerian democracy and governance.

What is a Constitution?

A Constitution serves as the supreme law of the land. It defines the fundamental principles, structures, and processes that govern the nation.

At its essence, a Constitution outlines the rights and duties of citizens, establishes the framework for government operations, and delineates the separation of powers among the executive, legislative, and judicial branches. This foundational document enshrines the principles of democracy, federalism, and the rule of law.

Overview of the Nigerian Constitution

The Constitution of the Federal Republic of Nigeria (CFRN) was enacted on May 5, 1999 and came into force on May 29, 1999. It is the fourth constitution since Nigeria gained independence from the United Kingdom in 1960. The CFRN serves as the supreme law of the land. This foundational document outlines the structure of government, fundamental rights of citizens, and the principles that guide the nation’s governance.

The Nigeria Constitution is divided into eight chapters, encompassing 320 sections and seven schedules. It establishes a federal system of government with power shared between the federal, state, and local levels.

The Constitution of the Federal Republic of Nigeria is divided into eight chapters and seventh schedules:

1. Chapter I: General Provisions, including the supremacy of the constitution and the Federal Republic of Nigeria
2. Chapter II: Fundamental Objectives and Directive Principles of State Policy, including the government’s fundamental obligations, political objectives, and economic objectives
3. Chapter III: Citizenship
4. Chapter IV: Fundamental Rights, including the right to life, freedom of expression, and freedom of movement
5. Chapter V: The Legislature
6. Chapter VI: The Executive
7. Chapter VII: The Judicature
8. Chapter VIII: Federal Capital Territory, Abuja and General Supplementary Provisions

The Seventh Schedule of the Nigerian Constitution includes the following oaths:

• Judicial Oath
• Oath of Office of Vice-President
• Oath of Office of Deputy Governor
• Oath of Office of Minister
• Oath of Office of Commissioner
• Oath of Office of Special Adviser
• Oath of a Member of the National Assembly or of a House of Assembly
• Oath of Office of Governor of a State
• Oath of Office of President

Since its adoption in 1999, the Nigeria Constitution has undergone several amendments to address evolving national needs. These changes reflect the document’s flexibility and its capacity to adapt to the country’s changing socio-political landscape.

The Nigeria Constitution plays a crucial role in shaping the nation’s legal and political framework. It serves as a guide for policymaking, protects individual rights, and provides a foundation for national unity and development. Understanding this vital document is essential for all Nigerian citizens and those interested in the country’s governance.

History of Constitutional Development in Nigeria

The history of constitutional development in Nigeria is a complex journey spanning pre-colonial, colonial, and post-independence eras. The Nigeria Constitution has evolved significantly since the country’s formation, reflecting its changing political landscape and societal needs.

Pre-Colonial and Colonial Era

Before British colonization, various ethnic groups in the region had their own systems of governance. The arrival of British rule in the late 19th century brought about significant changes. The first formal constitution, the Clifford Constitution of 1922, introduced limited elective representation. It was written by Sir Hugh Clifford, the then governor of Nigeria. The constitution was created during the colonial era, when Nigeria was administered as a Crown Colony.

Other constitutions that were created during the colonial era include:

• Richards Constitution: Enacted in 1946
• Macpherson Constitution: Enacted in 1951
• Lyttleton Constitution: Enacted in 1954

Post-Independence Constitutions

Following independence in 1960, Nigeria adopted several constitutions:

• The 1960 Independence Constitution
• The 1963 Republican Constitution
• The 1979 Constitution (Second Republic). The 1979 Constitution of Nigeria established a presidential system of government, ended military rule, and restored civilian rule.
• The 1993 Constitution (never fully implemented)
• 1999 Constitution, the current constitution of the Fourth Republic, influenced by coups, corruption, ethno-political violence, religious crises, and annulment of elections

The 1960 Constitution was adopted following a series of Constitutional Conferences between the British government and Nigerian political parties.The Federal Territory of Lagos, as well as the three regions of East, North, and West, were constituted under the 1960 Constitution. It also established the Senate and House of Representatives as the two Chambers of the federal legislature.

The current Nigeria Constitution, enacted in 1999, established a federal system of government with a strong central authority. It divides power between the federal, state, and local governments, and guarantees fundamental human rights.

Despite amendments, debates continue about the need for further constitutional reforms to address issues such as resource control, power distribution, and ethnic representation. The ongoing evolution of the Nigeria Constitution reflects the country’s commitment to democratic governance and national unity.

Key Features of the 1999 Constitution

The Nigeria Constitution of 1999 serves as the supreme law of the Federal Republic of Nigeria. Here are some key features that define this foundational document:

Federal System of Government

The constitution establishes Nigeria as a federal republic, dividing power between the central government and 36 states. This structure aims to balance national unity with regional autonomy. The constitution identifies Nigeria’s national capital, 36 states and their capitals, and 774 local government areas.

Separation of Powers

It outlines three distinct branches of government: executive, legislative, and judicial. This separation ensures checks and balances within the Nigeria Constitution.

Fundamental Rights

A comprehensive bill of rights guarantees citizens’ freedoms, including the right to life, dignity, personal liberty, and fair hearing.

Citizenship Provisions

The constitution defines who qualifies as a Nigerian citizen and outlines the processes for acquiring or renouncing citizenship.

Economic Objectives

It sets forth principles for managing the nation’s economy, emphasizing social justice and equality of economic opportunities.

Independent Electoral Commission

The constitution establishes INEC to oversee free and fair elections, a crucial element in Nigeria’s democratic process.

State Creation and Boundary Adjustment

Provisions for creating new states and adjusting existing boundaries are included to address Nigeria’s diverse ethnic composition.

Constitutional Amendment Process

The document outlines procedures for amending the constitution, ensuring it can adapt to changing national needs while maintaining stability.

Structure of the Nigerian Government Under the Constitution

The Nigeria Constitution establishes a federal system of government with power distributed among three distinct branches. This structure ensures a system of checks and balances, promoting democratic governance and preventing the concentration of power in any single entity.

Executive Branch

The Executive branch, led by the President, is responsible for implementing and enforcing laws. The President, elected every four years, serves as both head of state and head of government. They appoint ministers to oversee various governmental departments and agencies, subject to Senate confirmation.

Legislative Branch

The bicameral National Assembly forms the Legislative branch of the Nigerian government. It consists of the Senate (109 members) and the House of Representatives (360 members). This body is tasked with making laws, approving the national budget, and providing oversight of the executive branch.

Judicial Branch

The Judiciary, headed by the Supreme Court, interprets the Nigeria Constitution and adjudicates disputes between different levels of government. Lower courts, including the Court of Appeal and Federal High Courts, complete the judicial structure. The independence of the judiciary is crucial for maintaining the rule of law and protecting citizens’ rights.

This tripartite structure, enshrined in the Nigeria Constitution, aims to create a balanced and effective system of governance, fostering democracy and ensuring the rights and freedoms of Nigerian citizens.

Fundamental Rights Protected by the Constitution

The Nigeria Constitution enshrines a set of fundamental rights that are essential to the country’s democratic fabric. These rights, protected under Chapter IV of the 1999 Constitution, form the bedrock of individual freedoms and civil liberties in Nigeria.

Right to Life and Dignity

The Constitution guarantees every Nigerian the right to life and dignity of the human person. This includes protection against torture, inhuman or degrading treatment, and slavery or servitude. The Nigeria Constitution emphasizes the sanctity of human life, allowing its deprivation only in execution of a court sentence for a criminal offense.

Freedom of Expression and Association

Nigerians are granted the freedom to express their thoughts, hold opinions, and impart ideas without fear of persecution. This right extends to freedom of the press and other media. Additionally, the Constitution protects the right to peaceful assembly and association, allowing citizens to form or belong to political parties, trade unions, or other associations for the protection of their interests.

Right to Fair Hearing and Personal Liberty

The Nigeria Constitution ensures that every individual is entitled to a fair hearing within a reasonable time by a court or tribunal. It also protects personal liberty, safeguarding citizens against arbitrary arrest or detention. This right includes the provision for bail and the presumption of innocence until proven guilty.

Other fundamental rights protected by the 1999 Constitution of the Federal Republic of Nigeria include:

• Right to private and family life
• Freedom of thought, conscience, and religion.
• Right to freedom of movement.
• Right to freedom from discrimination.
• Right to acquire and own immovable property.
• Special jurisdiction of the High Court and Legal aid.

These rights are called inalienable rights and are protected in Chapter IV of the Constitution. However, they are not absolute. These fundamental rights, among others, form the cornerstone of Nigeria’s constitutional democracy, ensuring the protection of individual freedoms and promoting a just society.

Amending the Nigerian Constitution

The process of amending the Nigeria Constitution is a complex and rigorous procedure designed to ensure stability while allowing for necessary changes. This process is outlined in Section 9 of the Constitution of the Federal Republic of Nigeria 1999.

Section 9 of the 1999 Constitution of the Federal Republic of Nigeria outlines the process for amending the Constitution:

• The National Assembly can amend the Constitution, but only if the proposal receives support from a two-thirds majority of all members in each chamber.
• To amend the Constitution, the proposal must also be approved by a resolution from at least two-thirds of the State Houses of Assembly.
• To amend section 9, section 8, or Chapter IV of the Constitution, the proposal must receive support from a four-fifths majority of all members in each chamber. It must also be approved by a resolution from at least two-thirds of the State Houses of Assembly.

To initiate an amendment, a proposal must first be introduced in either the Senate or House of Representatives. The proposal needs substantial support, requiring a two-thirds majority vote in both chambers of the National Assembly to proceed.

Once passed by the National Assembly, the proposed amendment must gain approval from at least two-thirds of the State Houses of Assembly. This requirement ensures that changes to the Nigeria Constitution reflect the will of the majority across the federation.

Unlike regular bills, constitutional amendments do not require presidential assent to become law. However, the president’s signature is typically sought as a matter of protocol and to demonstrate executive support for the changes. If the President withholds assent, the National Assembly can override this veto with a two-thirds majority vote in both houses.

Certain sections of the Constitution, particularly those related to fundamental rights, require an even higher threshold for amendment. These sections need approval from four-fifths of members in both the National Assembly and State Houses of Assembly.

This meticulous process underscores the importance placed on preserving the integrity of the Nigeria Constitution while allowing for necessary adaptations to meet evolving national needs.

Controversies and Criticisms of the 1999 Constitution

The Nigeria Constitution, specifically the 1999 Constitution, has been a subject of intense debate and criticism since its inception. Many Nigerians argue that it fails to adequately address the country’s diverse needs and aspirations.

Lack of True Federalism

One major criticism is that the 1999 Constitution does not genuinely reflect a federal system. Critics argue that it concentrates too much power at the federal level, leaving states with limited autonomy. This centralization of power, they claim, hinders effective governance and development at the local level.

Questions of Legitimacy

Another contentious issue is the Constitution’s legitimacy. Some argue that since it was created under military rule, it lacks the full consent of the Nigerian people. Critics call for a more inclusive, citizen-driven constitutional reform process to address this perceived deficit in legitimacy.

Resource Control and Revenue Sharing

The Constitution’s provisions on resource control and revenue sharing have also faced criticism. Many, especially from oil-producing regions, argue that the current arrangement does not fairly compensate states for their natural resources. This has led to ongoing debates about restructuring the federation to ensure more equitable resource distribution.

Human Rights and Judicial Independence

Some critics point out perceived weaknesses in the Constitution’s protections for human rights and judicial independence. They argue for stronger constitutional safeguards to ensure the rule of law and protect citizens’ fundamental rights.

Frequently Asked Questions

These are some frequently asked questions and answers about the Nigerian Constitution.

What is the Nigeria Constitution?

The Nigeria Constitution is the supreme law of the Federal Republic of Nigeria. It establishes the framework for the country’s government, outlines fundamental rights and freedoms of citizens, and defines the relationships between different levels of government. This document serves as the foundation for Nigeria’s legal and political system.

Why was the 1999 constitution written?

The 1999 constitution was written to establish a new democratic system of government after years of military rule in Nigeria. It aims to create a stable and just constitutional order that guarantees democratic principles, fundamental human rights, and the rule of law.

How often is the constitution amended?

The Nigerian constitution has been amended several times since it was first adopted in 1999. The rigorous amendment process ensures that changes are thoroughly debated and receive broad support. However, critics argue that more frequent amendments may be needed to keep up with Nigeria’s rapid social, economic and technological development.

What role does the judiciary play?

The judiciary, particularly the Supreme Court, plays an important role in interpreting the constitution and determining whether laws and actions are in line with its provisions. The courts serve as a check on the government to ensure compliance with the constitution. An independent judiciary is seen as vital to upholding the rule of law.

What are the main criticisms of the constitution?

As mentioned earlier, some of the main criticisms include the perceived lack of true federalism, questions around the legitimacy of the constitution-making process, concerns about resource control and revenue sharing, as well as perceived weaknesses in human rights protections and judicial independence. However, supporters argue that the constitution has established a functioning democratic system with institutions that continue to mature over time.

When was the current Nigerian Constitution adopted?

The current Nigeria Constitution was adopted on May 29, 1999, following the end of military rule. It is officially known as the Constitution of the Federal Republic of Nigeria 1999. This version replaced the previous 1979 constitution and has undergone several amendments since its inception.

What are some key features of the Nigerian Constitution?

The Nigeria Constitution establishes a federal system of government with power shared between the federal, state, and local levels. It guarantees fundamental human rights, provides for separation of powers among the executive, legislative, and judicial branches, and outlines the structure of government institutions. The constitution also addresses issues such as citizenship, national integration, and the distribution of resources.

Conclusion

As you have seen, the 1999 Constitution of Nigeria serves as the supreme law of the land, establishing the framework for governance and protecting fundamental rights. While imperfect, it remains a living document that continues to shape Nigeria’s democratic journey.

As a citizen, understanding its provisions empowers you to actively participate in the nation’s affairs and hold leaders accountable. Moving forward, ongoing constitutional reforms and amendments will be crucial to address current challenges and reflect the evolving needs of Nigerian society. By staying informed and engaged, you play a vital role in upholding the principles enshrined in this foundational text and contributing to Nigeria’s progress as a democratic nation.